Posted: August 7th, 2023

Case Study 1: Legal Considerations for Kevin’s Transition to Adult Services

MODULE SW5630
Resit Assessment: Legislation for Social Justice
 You must answer BOTH case studies
 The word limit for the assignment as a whole is 2500,
1250 for each case study. Please provide a word count underneath each
case study.
Please note the following:
 The case study responses should make use of relevant legislation, case
law and serious case/ practice reviews, guidance, research and
commentary and should highlight any issues of concern for social work
practice.
 The case study responses should be written in an impersonal, academic
rather than self-reflective style.
 If you do wish to make reference to experiences or observations within
your own practice, please ensure any specific information such as names,
places and dates are thoroughly anonymised.
 The case study responses should be a critical analysis of legal issues
rather than a descriptive account of scenarios.
 You should focus on relevant social care functions (e.g. assessment, care
planning, safeguarding etc.) and the legal issue in question rather than a
broad area of law.
Case Studies
Case 1 (word limit 1250 words)
Kevin is 17, autistic and has a moderate learning disability. He can be aggressive or very
restless, particularly in unfamiliar situations. He was originally accommodated by the local
authority at 14 at the request of his mother as she was struggling to meet his needs. He has an
EHC plan and is on roll at a specialist residential school, but refused to return in March 2021 after
a prolonged stay at his mother’s home during the Covid-19 lockdown. He requires help to prepare
meals and prompting with all personal care. He also requires support to access community
facilities. Presently, children services are funding 2:1 care for 40 hours a week (as his mother
works during these hours). This was agreed as temporary to enable professionals to try to get
Kevin to return to school.
His mum does well to anticipate his needs or triggers, but care staff report Kevin has become
increasingly aggressive towards his mother. They raised safeguarding concerns on noticing a
slight bruise to Kevin’s arm. His mother explained that he had pushed her and tried to leave the
house late one evening, she had used agreed restraining methods to prevent this as she was
concerned that he was ‘hanging out with the wrong sort of people’. A community safety officer
has also raised concerns that he has noticed Kevin being approached on a couple of occasions
by ‘people of interest’ to the police. Following the safeguarding investigation, Kevin’s mother
sought legal advice, she has been advised that Kevin should have a comprehensive review of his
needs with a view to planning for his transition to adult services.
2
For the purpose of this case study, you should take on the role of an independent social
worker instructed by Kevin’s mother. Please draft a letter setting out the relevant legal
issues that should be taken into consideration at the upcoming review of his EHC plan.
Case 2 (word limit 1250 words)
You receive a call from a local school, they are worried about a child (Laila) in year 4. She
has been at the school for the last two years, having moved to the UK from Chile and they
have had long-term concerns about both her and her brother who is in year 6. Both
children regularly attend school in soiled clothes, tired and hungry. The school have
worked with the children’s mother to support her understand the long-term consequences
of neglect for children, including using the graded care profile. Laila’s mother attended
parenting class run by the school and has taken part in family counselling sessions, but
they report not much has changed for the children. Recently the Laila has become
increasing violent, particularly to her older brother; she is also targeting a child in her class
with SEN and epilepsy. She had two short term exclusions for physical violence, but
incidents are becoming more frequent and more severe. The school have requested
support to assess her needs as the behavioural issues are impacting on her learning. They
also comment that they understand her mother is in a new relationship, they suspect the
new partner may be known to substance misuse services.
What are your legal duties in respect of the Laila, her brother and the family?

__________________________-
Case Study 1: Legal Considerations for Kevin’s Transition to Adult Services

Introduction

In the context of Kevin’s situation, it is imperative to comprehensively address the legal aspects pertaining to his needs and transition to adult services. This response will outline the salient legal considerations that should be taken into account during the upcoming review of his Education, Health, and Care (EHC) plan.

Relevant Legal Issues

Children and Families Act 2014: This legislation lays the foundation for EHC plans and outlines the rights and entitlements of children with special educational needs. It’s crucial to examine whether Kevin’s EHC plan has been consistently updated and whether his needs have been accurately assessed, particularly in light of the recent changes in his behavior and the transition to adult services.

Care Act 2014: As Kevin approaches adulthood, the provisions of the Care Act come into play. An assessment of Kevin’s care and support needs must consider his transition to adult services. The assessment should be holistic, covering areas such as housing, employment, and community engagement, taking into account his autism and learning disability.

Mental Capacity Act 2005: Given Kevin’s moderate learning disability, it’s essential to determine his capacity to make decisions about his own care and future. If he lacks capacity, the Act guides decision-making in his best interests, emphasizing consultation with relevant parties, including his mother.

Human Rights Act 1998: This Act ensures that Kevin’s rights under the European Convention on Human Rights are upheld. His right to private and family life, as well as his right to education, should be central to the considerations during the review.

Equality Act 2010: Any adjustments needed to ensure Kevin’s access to education and community facilities, taking into account his disabilities, must be identified and provided, in accordance with this Act.

Safeguarding and Vulnerable Adults: Given the safeguarding concerns raised about Kevin’s interactions with individuals of interest to the police, it is crucial to explore whether Kevin’s wellbeing is at risk. Safeguarding protocols and risk assessments should be applied diligently to ensure his safety.

Conclusion

In conclusion, the upcoming review of Kevin’s EHC plan requires a comprehensive examination of the relevant legal frameworks. His transition to adult services should be guided by the Children and Families Act, the Care Act, the Mental Capacity Act, the Human Rights Act, the Equality Act, and safeguarding principles. This ensures that Kevin’s best interests, rights, and needs are fully considered during this critical phase of his life.

Case Study 2: Legal Duties Regarding Laila, Her Brother, and Family

Introduction

The case of Laila and her family presents complex legal duties that intersect child protection, education, and social care. This response will elucidate the legal obligations concerning Laila, her brother, and their family in the context of their circumstances.

Legal Duties

Children Act 1989 and 2004: These acts establish paramount consideration for the welfare of the child. In the case of Laila, her school’s concerns about her well-being, behavioral issues, and potential neglect trigger the local authority’s duty to assess her needs and ensure her protection. The act also necessitates interagency collaboration for effective safeguarding.

Education Act 1996: This act mandates that local authorities ensure children’s access to education. The school’s request for support in assessing Laila’s needs aligns with this duty, considering the impact of her behavioral issues on her learning.

Working Together to Safeguard Children 2018: This statutory guidance outlines the collaborative approach required among agencies to safeguard children. In Laila’s case, the school, family services, and potential substance misuse services must collaborate to address her well-being and the impact of her mother’s new relationship.

Children (Leaving Care) Act 2000: Although Laila and her brother are not leaving care, the principles of this act, such as the focus on care leavers’ transition to adulthood, inform the approach to Laila’s situation. As the family’s circumstances change, a proactive strategy should be in place to support their transition to positive outcomes.

Equality Act 2010: This act ensures that children with disabilities are not disadvantaged in accessing education and services. Laila’s epilepsy and SEN require reasonable adjustments to be made to accommodate her needs in school and address her behavioral issues.

Misuse of Drugs Act 1971: If Laila’s mother’s new partner is indeed known to substance misuse services, this Act’s provisions may be relevant. Authorities must assess whether any substances pose a risk to the children’s well-being and take appropriate actions.

Conclusion

In navigating the legal duties concerning Laila, her brother, and their family, a holistic approach is vital. The Children Act, Education Act, Working Together guidance, Leaving Care Act, Equality Act, and Misuse of Drugs Act collectively inform the obligations to safeguard Laila’s welfare, secure her education, and address the family’s dynamics. Effective coordination and interagency collaboration are pivotal to ensure a comprehensive response that addresses the myriad concerns raised in this intricate case.

References:

Children and Families Act 2014, c. 6.
Care Act 2014, c. 23.
Mental Capacity Act 2005, c. 9.
Human Rights Act 1998, c. 42.
Equality Act 2010, c. 15.
Working Together to Safeguard Children 2018.
Children (Leaving Care) Act 2000, c. 35.
Education Act 1996, c. 56.
Misuse of Drugs Act 1971, c. 38.

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